The newest member of the planning Commission, appointed at Tuesday's Hayes Township Board of Trustees meeting has a conflict of interest with regard to Michigan Moto Mania.
Wesley Kenny's business, Western Decore Landscape Design, is the very first business listed on that laundry list of businesses who took out the full page ad in the Michigan Moto Mania PR and Propaganda Rag, the Clare County Cleaver's 29 Apr 2010 issue.
After the business appeared in the support ad, sometime in May, Mr. Kenney changed the name of the business to Freedom Landscaping and moved it into a business location on N. Clare Ave in Harrison.
He is also a Michigan Moto Mania friend on facebook. Here is a quote from Mr. Kenney taken from the Michigan Moto Mania facebook page dated 29 Sep 2010: "Good luck Moto Mania, Hopefully people will pull their head out of their asses. We thank you for trying to bring job and people back into our community!"
Nice.
It has also come to my attention that Mr. Kenney signed a pro-Michigan Moto Mania petition.
He may be able to vote on other issues that come before the Planning Commission, but he should not be allowed to vote on any future issues that come before the Planning Commission with regard to Michigan Moto Mania.
Way to stack the deck, Hayes Township Board of Trustees!
They were also looking into hiring the Zoning Administrator from Surrey Township until they were called on that, too. Surrey Township is represented by Jaynie Hoerauf.
I haven't even gotten to the old conflicts of interest that we let slide the last time around. They are going to be called out on this blog for everyone to know about this time around.
Showing posts with label Hayes Township Board Of Trustees. Show all posts
Showing posts with label Hayes Township Board Of Trustees. Show all posts
Thursday, January 20, 2011
Again No Surprises - Hayes Township Board of Trustees Meeting, 18 Jan 2011
There were no surprises at the Hayes Township Board of Trustees meeting on Tuesday evening.
As expected, the the Board decided that the questions raised about Lyle Criscuolo's documented malfeasance and blatant disregard for the Zoning Ordinance did not warrant an answer or a public hearing. They think that the farce of a "do-over" was enough to right the wrongs committed. It doesn't come close. They also can't understand why we cannot just be happy that the Zoning Board of Appeals overturned Doug Longenecker's special Use and go on our merry way. Since that is not the end of the matter, we cannot just go away. We also cannot afford to be complacent; look where that brought us.
Really, the Board was between a rock and a hard place on this one. But they are so far down this road that they have to see it all the way to the end, no matter what it eventually costs them. If they seriously considered having a public hearing about Mr. Criscuolo's malfeasance, there would be much at stake. Just holding the hearing would be an admission of some degree of culpability on their part, regardless of whether they voted to dismiss or to retain Mr. Criscuolo.
Now the Hayes Township Board of Trustees has declined to deal with the documented evidence of malfeasance presented to them and they are on the record overlooking it as not important enough to warrant the effort. I wonder what Judge Mienk will think about the Board's inaction when it all comes out in front of him?
Notice that Township Attorney David Dreyer was conspicuously absent from the meeting. He probably wanted to put as much distance between himself and that meeting as possible. But he had written a letter with his instructions... er, opinion on the matter.
Note to Mr. Dreyer: The problem will NOT be rectified while the current status quo remains. It was this status quo that brought us this mess. You have orchestrated steps that do NOTHING to actually fix the problem, they just allow the same things to continue unchecked while violations of the ordinances go unpunished. Innocent people are paying for the egregious misdeeds of a few who are still free to continue to trample rights and violate ordinances with impunity. It is not right, Mr. Dreyer and you know it. There is a difference between right and legal. Your so-called "work to rectify the problem" is nothing but lip service and too little too late. Really, you and the Township you represent have done nothing to either make restitution, or to see that it does not happen again. And you have been milking the Township for as much compensation as you can. Hayes Township continues to throw good money after bad in fees paid to you for advice that does nothing but line your pockets.
The Board of Trustees also placed a new member, Wesley Kenny, on the Planning Commission. It looks like some people are stepping forward to fill vacancies. It remains to be seen whether he will think for himself or be one of the lemmings.
Bob Johnson, whose term on the Zoning Board of Appeals expired in December 2010 was reappointed for another term.
As expected, the the Board decided that the questions raised about Lyle Criscuolo's documented malfeasance and blatant disregard for the Zoning Ordinance did not warrant an answer or a public hearing. They think that the farce of a "do-over" was enough to right the wrongs committed. It doesn't come close. They also can't understand why we cannot just be happy that the Zoning Board of Appeals overturned Doug Longenecker's special Use and go on our merry way. Since that is not the end of the matter, we cannot just go away. We also cannot afford to be complacent; look where that brought us.
Really, the Board was between a rock and a hard place on this one. But they are so far down this road that they have to see it all the way to the end, no matter what it eventually costs them. If they seriously considered having a public hearing about Mr. Criscuolo's malfeasance, there would be much at stake. Just holding the hearing would be an admission of some degree of culpability on their part, regardless of whether they voted to dismiss or to retain Mr. Criscuolo.
Now the Hayes Township Board of Trustees has declined to deal with the documented evidence of malfeasance presented to them and they are on the record overlooking it as not important enough to warrant the effort. I wonder what Judge Mienk will think about the Board's inaction when it all comes out in front of him?
Notice that Township Attorney David Dreyer was conspicuously absent from the meeting. He probably wanted to put as much distance between himself and that meeting as possible. But he had written a letter with his instructions... er, opinion on the matter.
Note to Mr. Dreyer: The problem will NOT be rectified while the current status quo remains. It was this status quo that brought us this mess. You have orchestrated steps that do NOTHING to actually fix the problem, they just allow the same things to continue unchecked while violations of the ordinances go unpunished. Innocent people are paying for the egregious misdeeds of a few who are still free to continue to trample rights and violate ordinances with impunity. It is not right, Mr. Dreyer and you know it. There is a difference between right and legal. Your so-called "work to rectify the problem" is nothing but lip service and too little too late. Really, you and the Township you represent have done nothing to either make restitution, or to see that it does not happen again. And you have been milking the Township for as much compensation as you can. Hayes Township continues to throw good money after bad in fees paid to you for advice that does nothing but line your pockets.
The Board of Trustees also placed a new member, Wesley Kenny, on the Planning Commission. It looks like some people are stepping forward to fill vacancies. It remains to be seen whether he will think for himself or be one of the lemmings.
Bob Johnson, whose term on the Zoning Board of Appeals expired in December 2010 was reappointed for another term.
Monday, January 17, 2011
Grounds for Dismissal, (Review)
As a refresher, here is a list of the infractions Lyle Criscuolo has committed with regard to the Michigan Moto Mania fiasco while he has been the Chair of both the Hayes Township Planning Commission and the Hayes Township Zoning Board of Appeals.
- Mr. Criscuolo has held both of those offices for 15 years until Township Attorney David Dreyer deemed it improper for him to chair both boards at the same time. He was appointed by the Board of Trustees to the Planning Commission 20 years ago. He was elected Chair of the Planning Commission by the Planning Commission members when the previous Chair resigned from the Planning Commission and the Zoning Board of Appeals. He inherited the Chair of the Zoning Board of Appeals when that same outgoing Chair resigned from the Planning Commission. – Nobody on the Zoning Board of Appeals elected him to be Chair.)
- Chair Criscuolo cannot plead ignorance of the Hayes Township Zoning Ordinance since he was the Chairman of the Planning Commission at the time the Planning Commission helped to write the Zoning Ordinance.
- Mr.Criscuolo has been casting 2 votes on issues brought before the Zoning Board of appeals (Once as the Chair of the Planning Commission and once as the Chair of the Zoning Board of appeals) until Mr. Dreyer deemed it improper for him to vote twice in the same issue. (Really – what are the chances of Mr. Criscuolo voting to reverse himself on something he has already decided on another board?)
- Chair Criscuolo knowingly allowed an incomplete and improperly submitted application to be considered by the Planning Commission. (Chair Criscuolo should not have allowed it to be considered at all until it was properly and completely filled out.)
- In allowing consideration of an incomplete and improperly filled out application, Chair Criscuolo willfully ignored the Hayes Township Zoning Ordinance, which he has been charged to uphold and administer as part of his duties as Chairman of the Hayes Township Planning Commission.
- Chair Criscuolo failed to ensure that the neighbors of the then-Gamble property were notified about Doug Longenecker’s intent for the Gamble property and his request for a Special Use Permit back in October 2009 before Mr. Longenecker purchased the property. (If Chair Criscuolo and the Planning Commission had followed due process, it is likely that Mr. Longenecker would not have purchased the Gamble property on Mostetler Road, or he might have found a more appropriately zoned property for his Motocross track. Now Mr. Longenecker has purchased the property and that will be at the top of the list of Hayes Township
- Chair Criscuolo and the Planning Commission failed to hold a public hearing before taking a decision about Mr. Longenecker’s request for a Special Use on the Gamble property. Holding the public hearing before Mr. Longenecker purchased the land might have persuaded Mr. Longenecker to purchase land elsewhere, or the Planning Commission to think it through and inform themselves more fully before they approved the request.
- Chair Criscuolo refused to read aloud the letters my family took the time to research and write for the public hearing held on 13 May 2010. This was a suppression of our free speech since every other letter written to the Planning Commission for that public hearing was read aloud.
- Chair Criscuolo refused to read aloud the letters my family took the time to research and write for the public hearing held on 13 May 2010. This was a suppression of our free speech since every other letter written to the Planning Commission for that public hearing was read aloud.
- Chair Criscuolo actively tries to wield his influence over the other members of the boards he chairs. (Until September, he wielded undue influence over the other members of two boards.) There was roomful of witnesses to the way Chair Criscuolo browbeat Bob Johnson at the 16 Jun 2010 Zoning Board of Appeals meeting in an attempt to persuade Mr. Johnson to vote the way Chair Criscuolo wanted him to vote.
- Chair Criscuolo is on the record (Zoning Board of Appeals Meeting – 9 Nov 2010 ) as believing and having stated that the Hayes Township Master Plan, (which is not the law) supersedes the Hayes Township Zoning Ordinance, (which is the law). It is unacceptable that the Chair of the Planning Commission and a Member of the Zoning Board of Appeals does not understand the proper relationship of these two documents.
- Chair Criscuolo’s actions and words and attitude have demonstrated that he believes himself to be above the law. (He believes that the rules do not apply to him.)
- Chair Criscuolo’s actions and words and attitude have demonstrated that he believes that the ends justify the means. (He believes that it’s OK to ignore and break the law if the result is for his subjective view of the greater good.)
- Chair Criscuolo has demonstrated that he is not above twisting the meaning of or adding to or taking away from the provisions of the Hayes Township Zoning Ordinance to achieve his desired outcome. Is this the kind of leadership we want for Hayes Township
- Under Mr. Criscuolo’s chairmanship, the Planning Commission has changed the Hayes Township Zoning Ordinance outside of the prescribed process defined in the Hayes Township Zoning Ordinance. (Minutes, 25 Oct 2010 Planning Commission Special Meeting). (He makes the rules up as he goes along and changes the rules to suit his agenda.) All property owners in Hayes Township
- Mr. Criscuolo was told by Mr. Dreyer that he could neither vote nor deliberate at the Zoning Board of Appeals meeting on 9 November 2010 , yet Mr. Criscuolo seized the opportunity to insert himself into the deliberation process anyway in order to influence the other members’ votes.
- These improprieties, for which Mr. Criscuolo is responsible, have exposed all the taxpayers Hayes Township
Tuesday, 18 Jan 2011
There will be a Hayes Township Board of Trustees Meeting on Tuesday 18 Jan 2011 at 7:00 PM at the Hayes Township Hall.
Wednesday, October 13, 2010
Playing Ping Pong With The Judge, Part 2
After finding out that he could not open because of the stay on the Gamble-Longenecker property owing to the neighbors' appeal to the Zoning Board of Appeals, Doug had his lawyer file a motion to have the judge lift the stay on the property so he could operate. From the time a motion is filed to the time it actually sees a courtroom takes a little time, and as it turned out, Doug's court date was scheduled for 12 July 2010, only 2 days before the next scheduled Zoning Board of Appeals meeting.
Since the Zoning Board of Appeals Meeting was scheduled for 14 Jul 2010, the judge decided to let the Zoning Board of Appeals handle it. The stay remained.
The four voting members of the Zoning Board of Appeals were present this time, but Lyle, who is not allowed to vote, was absent. This time, the vote went down 2 to uphold, 2 to overturn. Now they were deadlocked. And since it was still in appeal, the stay remained in place.
Sometime after that, Mr. Longenecker decided to sue Hayes Township, and Mr. Dreyer found an excuse to put the case back in front of Judge Mienk to once again ask him to decide it. This would accomplish several things. It would allow the Township to abdicate its responsibility to take a decision and risk being unpopular with either side of the issue. It would also shield them from further litigation from either side based on the decision. I also think that if the Township could successfully pass that buck to the judge, then based on the judge's decision, there might be no need for the actions of the Township to be scrutinized in a courtroom.
Back to the courtroom for Round 3. Mr. Longenecker's lawyer took the opportunity to ask the judge to lift the stay. The judge declined to lift the stay. He also declined to hear it again until the Township had exhausted all of their options for taking a decision. He told them to make sure they have a quorum and to consider the appeal. Once again the ball was back in Hayes Township's court.
On 24 Aug 2010, Judge Mienk met with all the lawyers. Apparently, this was a required meeting. From all accounts, Judge Mienk indicated to Mr. Dreyer that the Township should perhaps add members to the Zoning Board of Appeals to better obtain a quorum and a simple majority to decide matters before them. That set Mr. Dreyer, a committee of one, in motion composing amendments to Sections 1501-1503 of the Hayes Township Zoning Ordinance.
Meanwhile, the stay remained in place.
Mr. Longenecker had a problem. He had an upcoming Polaris WOTT training event scheduled on the Moto Mania property, but what to do about the stay? First he tried to get Jim VanWormer to lift the stay. Jim, who was very good at passing the buck, (a self-preservation move) told Mr. Longenecker that he couldn't lift the stay because of the court order. I think Jim was not sure at this point, to be honest, but passing it off as a court order absolved him of the responsibility for doing something that might tweak his Township bosses.
I don't think there was a court ordered stay so much as the judge let stand the stay that was put in place by the appeal to the Zoning Board of Appeals. The Special Use With Restrictions is, after all, still in appeal, so since the judge is inclined to let the Township business pertaining to this issue run its course before he steps in, it stands to reason that he left the stay in place as is. Apparently, that is too hard for the Township and their lawyer to wrap their heads around.
Doug's car was seen parked all day the Friday (27 Aug 2010) before the Polaris WOTT Training at a Planning Commission member's house, no doubt trying to figure out how to circumvent the system. On Sunday, 29 Aug 2010, the Polaris trucks showed up and pulled into Moto Mania. On Monday, 30 Aug 2010, the event was held. Members of the Planning Commission and the community, as well as Polaris employees, attended the event. And photos of the event were presented by the neighbors to Jim VanWormer, who then got in touch with Mr. Dreyer.
Apparently, this event has sparked Mr. Dreyer to ask for Courtroom Round 4, which does not take place until 20 Oct 2010. My understanding is that this date is for the judge to clarify for everyone the parameters of the stay.
I think there are several reasons for this. If Mr. Dreyer can put this in front of the judge again, there is a chance, however slight that the judge will decide something with regard to the Special Use With Restrictions on the Gamble-Longenecker property. Once again, if Mr. Dreyer can get the judge to decide this, then the corruption of the Board Of Trustees and the Planning Commission will not have to be dissected in the courtroom.
What the Township has is a law they don't want to enforce. I believe that they are only enforcing it because we, the neighbors are relentless in pursuing our cause and won't let them off the hook. They also want to see if there are any loopholes to exploit to avoid enforcing their own ordinance. Mr. Dreyer seems to be good at finding those. If the judge provides the loophole, he'll be all over it for his client, the Township.
Mr. Dreyer wants the judge to decide if the Polaris Sponsored event was a violation of the stay. After all, as Genine Hopkins of the Cleaver pointed out in her article about the Polaris WOTT Training several times, in case anyone missed it the first time, "no money exchanged hands." So the rationalization is that since Polaris ran their training event gratis, and Mr. Longenecker "donated" the use of the land, it was not in violation of the stay.
I would argue that it furthers the cause of Moto Mania and its Special Use as a Motor Sports Park so it does indeed violate the stay. If it doesn't, it bends the law until it screams. And it definitely skirts the spirit and intent of the law if not the letter.
The Township's elected and appointed officials have shown by their actions their willingness to ignore the laws that don't fit their agenda. Mr. Longenecker also has no qualms about skirting the law. I hope the judge does not reward this kind of behavior.
Since the Zoning Board of Appeals Meeting was scheduled for 14 Jul 2010, the judge decided to let the Zoning Board of Appeals handle it. The stay remained.
The four voting members of the Zoning Board of Appeals were present this time, but Lyle, who is not allowed to vote, was absent. This time, the vote went down 2 to uphold, 2 to overturn. Now they were deadlocked. And since it was still in appeal, the stay remained in place.
Sometime after that, Mr. Longenecker decided to sue Hayes Township, and Mr. Dreyer found an excuse to put the case back in front of Judge Mienk to once again ask him to decide it. This would accomplish several things. It would allow the Township to abdicate its responsibility to take a decision and risk being unpopular with either side of the issue. It would also shield them from further litigation from either side based on the decision. I also think that if the Township could successfully pass that buck to the judge, then based on the judge's decision, there might be no need for the actions of the Township to be scrutinized in a courtroom.
Back to the courtroom for Round 3. Mr. Longenecker's lawyer took the opportunity to ask the judge to lift the stay. The judge declined to lift the stay. He also declined to hear it again until the Township had exhausted all of their options for taking a decision. He told them to make sure they have a quorum and to consider the appeal. Once again the ball was back in Hayes Township's court.
On 24 Aug 2010, Judge Mienk met with all the lawyers. Apparently, this was a required meeting. From all accounts, Judge Mienk indicated to Mr. Dreyer that the Township should perhaps add members to the Zoning Board of Appeals to better obtain a quorum and a simple majority to decide matters before them. That set Mr. Dreyer, a committee of one, in motion composing amendments to Sections 1501-1503 of the Hayes Township Zoning Ordinance.
Meanwhile, the stay remained in place.
Mr. Longenecker had a problem. He had an upcoming Polaris WOTT training event scheduled on the Moto Mania property, but what to do about the stay? First he tried to get Jim VanWormer to lift the stay. Jim, who was very good at passing the buck, (a self-preservation move) told Mr. Longenecker that he couldn't lift the stay because of the court order. I think Jim was not sure at this point, to be honest, but passing it off as a court order absolved him of the responsibility for doing something that might tweak his Township bosses.
I don't think there was a court ordered stay so much as the judge let stand the stay that was put in place by the appeal to the Zoning Board of Appeals. The Special Use With Restrictions is, after all, still in appeal, so since the judge is inclined to let the Township business pertaining to this issue run its course before he steps in, it stands to reason that he left the stay in place as is. Apparently, that is too hard for the Township and their lawyer to wrap their heads around.
Doug's car was seen parked all day the Friday (27 Aug 2010) before the Polaris WOTT Training at a Planning Commission member's house, no doubt trying to figure out how to circumvent the system. On Sunday, 29 Aug 2010, the Polaris trucks showed up and pulled into Moto Mania. On Monday, 30 Aug 2010, the event was held. Members of the Planning Commission and the community, as well as Polaris employees, attended the event. And photos of the event were presented by the neighbors to Jim VanWormer, who then got in touch with Mr. Dreyer.
Apparently, this event has sparked Mr. Dreyer to ask for Courtroom Round 4, which does not take place until 20 Oct 2010. My understanding is that this date is for the judge to clarify for everyone the parameters of the stay.
I think there are several reasons for this. If Mr. Dreyer can put this in front of the judge again, there is a chance, however slight that the judge will decide something with regard to the Special Use With Restrictions on the Gamble-Longenecker property. Once again, if Mr. Dreyer can get the judge to decide this, then the corruption of the Board Of Trustees and the Planning Commission will not have to be dissected in the courtroom.
What the Township has is a law they don't want to enforce. I believe that they are only enforcing it because we, the neighbors are relentless in pursuing our cause and won't let them off the hook. They also want to see if there are any loopholes to exploit to avoid enforcing their own ordinance. Mr. Dreyer seems to be good at finding those. If the judge provides the loophole, he'll be all over it for his client, the Township.
Mr. Dreyer wants the judge to decide if the Polaris Sponsored event was a violation of the stay. After all, as Genine Hopkins of the Cleaver pointed out in her article about the Polaris WOTT Training several times, in case anyone missed it the first time, "no money exchanged hands." So the rationalization is that since Polaris ran their training event gratis, and Mr. Longenecker "donated" the use of the land, it was not in violation of the stay.
I would argue that it furthers the cause of Moto Mania and its Special Use as a Motor Sports Park so it does indeed violate the stay. If it doesn't, it bends the law until it screams. And it definitely skirts the spirit and intent of the law if not the letter.
The Township's elected and appointed officials have shown by their actions their willingness to ignore the laws that don't fit their agenda. Mr. Longenecker also has no qualms about skirting the law. I hope the judge does not reward this kind of behavior.
Monday, October 4, 2010
Nice Work If You Can Get It
It would appear that against all reason, the Hayes Township Board of Trustees voted to adopt the amendment to the Hayes Township Zoning Ordinance authored by Township Attorney David Dreyer. This further muddies the legal waters, complicates the issue, and continues the foot dragging on the part of the Township's representatives' (both elected and appointed) in taking a decision on the Moto Mania Special Use Appeal. Needlessly changing the rules in the middle of an action currently in litigation opens up the township to further litigation. Or is that the plan?
This action seems to be calculated to drag this out to the point where someone, either Doug Longenecker, or some or all of the Mostetler Road/Deer Lake neighbors decides that it's just getting too expensive to continue and drops the lawsuit(s). That is, after all, what's best in the long run for the Hayes Township Officials, Mr. Dreyer's client.
For all intents and purposes, the unelected attorney appears to be calling the shots on this issue in Hayes Township. He says, "Frog," and tells the Township Officials it's in their best legal interest to jump the way he tells them to jump, and of course, the Township Officials jump because they know their actions have been qiestionable throughout this whole debacle. This leaves no margin for anyone else's ideas, which may be better, to prevail. The Township's Officials have ceeded their delegated powers of governance to a single man, Attorney David Dreyer. Mr. Dreyer ran the public hearing and decided what was best for his client. The Township's elected officials, in voting to adopt the amendment drafted by a committe of one, deferred to Mr. Dreyer.
Is this what elected representatives are supposed to do? Maybe it's about time to think about electing some new ones.
When did the citizens of Hayes Township elect Attorney David Dreyer to be dictator? Well, I guess the Hayes Township taxpayers are paying him well enough. It's nice work if you can get it.
This action seems to be calculated to drag this out to the point where someone, either Doug Longenecker, or some or all of the Mostetler Road/Deer Lake neighbors decides that it's just getting too expensive to continue and drops the lawsuit(s). That is, after all, what's best in the long run for the Hayes Township Officials, Mr. Dreyer's client.
For all intents and purposes, the unelected attorney appears to be calling the shots on this issue in Hayes Township. He says, "Frog," and tells the Township Officials it's in their best legal interest to jump the way he tells them to jump, and of course, the Township Officials jump because they know their actions have been qiestionable throughout this whole debacle. This leaves no margin for anyone else's ideas, which may be better, to prevail. The Township's Officials have ceeded their delegated powers of governance to a single man, Attorney David Dreyer. Mr. Dreyer ran the public hearing and decided what was best for his client. The Township's elected officials, in voting to adopt the amendment drafted by a committe of one, deferred to Mr. Dreyer.
Is this what elected representatives are supposed to do? Maybe it's about time to think about electing some new ones.
When did the citizens of Hayes Township elect Attorney David Dreyer to be dictator? Well, I guess the Hayes Township taxpayers are paying him well enough. It's nice work if you can get it.
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